Daniel E. Chefitz

Partner

Washington, DC Phone +1.202.739.5760 Fax +1.202.739.3001

1111 Pennsylvania Ave. NW//Washington, DC 20004-2541//United States

New York Phone +1.212.309.6637 Fax +1.212.309.6001

101 Park Ave.//New York, NY 10178-0060//United States

Regularly recognized as a leading business lawyer by Chambers USA, Daniel E. Chefitz advises companies on the diverse benefits of using captive insurance companies to insure a variety of risks ranging from cyber risks to legacy environmental and product liability. As part of his captive insurance practice, Daniel uses captives, sometimes paired with I.R.C. Section 468b qualified settlement funds, to support a dedicated legacy liability structure that streamlines a company’s legacy liability management in a tax efficient manner.

In addition to his advisory practice, Daniel represents policyholders in both traditional and cutting-edge insurance recovery disputes through mediation, arbitration, or litigation as appropriate. Daniel has experience pursuing claims under Bermuda Form policies, which involve a London-based arbitration process.

In the context of environmental disputes, Daniel uses his environmental litigation background and captive insurance knowledge to develop unique products to assist clients with potential liability under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), or Superfund to minimize the regulatory burden and liability exposure.

selected representations

Representative Matters

Represents former industry-leading automotive and railroad parts manufacturers in coverage litigations concerning asbestos, welding rods, environmental, and toxic tort liabilities.
Advised oil-related business on use of captive insurance to insurer legacy liabilities.
Successfully represented major objector to Federal Mogul reorganization plan, litigating novel issues under Section 524(g), and thereby preserving extensive nondebtor insurance assets.

Decisions

Federal Mogul Global Inc., T&N Limited, et al., Debtors, No. 01-10578, 2008 WL 4493519 (Bankr. D. Del. Sept. 30, 2008)
Certain Underwriters at Lloyd’s London, et al. v. Pneumo Abex Corporation, et al. 36 A.D. 3d 441, 829 N.Y.S. 2d 29 (N.Y. Sup. Ct. 2007)
Pneumo Abex Corp, v. Maryland Cas. Co., C.A. No. 82-2098 (PLF) (D.D.C. Sept. 27, 2006)
Pneumo Abex Corp, v. Maryland Cas. Co., C.A. No. 82-2098 (PLF) (D.D.C. Aug. 31, 2004)
Rutgerswerke AG v. Abex Corp., 2002 WL 1203836, 2002 U.S. Dist. LEXIS 9965 (S.D.N.Y. June 4, 2002)